Tenants: Assess Nail and Drill Holes in Germany

As a tenant in Germany you may wonder how nail and drill holes are assessed during a handover and what rights you have. This practical guide clearly explains which damages count as normal wear and tear, when cosmetic repair costs may apply, and how to create comprehensive documentation with photo evidence. You will get concrete steps: which photos are needed, which forms or notices may be important, and how to check deadlines and claims from the landlord properly. The goal is to avoid disputes over deposit settlements and handover protocols and to enforce your tenant rights securely and with legal basis.

What counts as damage or normal wear and tear?

Small nail or drill holes that occur during normal use are often considered normal wear and tear; extensive or improper drillings, however, can be classified as damage subject to compensation. The basis is tenancy law obligations and the distinction from damage in the Civil Code (§§ 535–580a).^[1]

How to create reliable photo evidence

Good documentation reduces disputes. Pay attention to date, scale, multiple angles and context shots. Note location, measurements and circumstances in writing and store files in several places.

• Take photos from multiple angles with date and a scale.
• Include context photos of the entire wall and the room.
• Save photos promptly and make backups.
• Request or prepare a handover protocol and record defects.

Forms and templates

There are no uniform nationwide templates for every situation, but typical documents include: termination letters (templates), written defect notices with deadlines, and possibly a civil claim form. Example: If you find three drill holes after moving out, send the landlord a written defect notice with photo attachments and a 14-day deadline for comment; if the landlord does not respond, you can review the settlement and consider legal action.

If a dispute remains: courts and deadlines

Rental disputes are generally heard in the first instance at the local court (Amtsgericht); appeals proceed to the regional court (Landgericht) and, for legal questions, the Federal Court of Justice. Rules for court proceedings are set out in the Code of Civil Procedure (ZPO).^[2] Landmark case law may be decided by the Federal Court of Justice (BGH).^[3]

Frequently Asked Questions

Is every drill hole considered damage?

No. Small, normal drill holes from pictures or shelves are often wear and tear; large or improper drillings can nevertheless cause costs.

How do I secure photo evidence properly?

Take photos from several angles with date and a scale, add context photos, back up files and document details in writing.

When should I involve the local court?

If out-of-court resolution, written defect notice and a set deadline do not resolve the issue, the local court (Amtsgericht) may be the next step for tenancy disputes.

How-To

1. Take photos: close-ups, overall view, include a scale and date proof.
2. Document: record location, size, number of holes and circumstances in writing.
3. Inform the landlord: send a written defect notice with photos and a reasonable deadline.
4. Consider legal steps: gather evidence and, if dispute continues, seek legal remedies.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• Bundesgerichtshof (BGH)
• Bundesministerium der Justiz und für Verbraucherschutz

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Decisions of the Federal Court of Justice (BGH)